Motorists accused of impaired driving need to learn about the driving under the influence (DUI) statute in South Carolina. However, that is not the only law that may play an important role in their upcoming criminal case.
South Carolina also has an implied consent statute that can have significant implications for DUI defendants. Those hoping to fight pending DUI charges often need to learn about the implied consent law in addition to learning the basics of the impaired driving statute.
What is the implied consent law?
South Carolina’s implied consent statute creates a scenario in which it is technically a crime for a driver to refuse to perform a chemical breath test. Under the law, licensed drivers have already given their implied consent to necessary testing as part of an arrest.
The implied consent law specifically applies to scenarios where a driver is already subject to arrest. Once a police officer has the probable cause necessary to conduct a DUI arrest, they can also request a chemical test. Although they technically cannot force a driver to submit to testing, they can document their refusal to do so.
Refusing a test mandated under the implied consent statute can lead to secondary criminal allegations against the driver. They are at risk of losing their driver’s license for an extended period in addition to whatever consequences the courts impose for the DUI charge that they face.
Drivers who know the law can protect themselves
People sometimes vaguely know of the implied consent law but think it applies in more scenarios than it does. They may think they have to submit to a chemical test requested at any point, not just after arrest. They may also mistakenly believe that the implied consent rule applies to field sobriety tests, not just chemical tests.
Drivers sometimes unknowingly put themselves at a disadvantage by unnecessarily submitting to tests when there is no consequence for declining them. In some cases, refusing a test can strengthen a driver’s position if they attempt to fight back against a DUI charge following their arrest.
Thankfully, even when people submit to chemical testing, it is still possible to avoid a DUI conviction. Discussing what led to an arrest with a skilled legal team can help a driver prepare a customized, appropriate defense strategy given their situation. Drivers who understand the law can avoid arrest in some cases and may have an easier time fighting back against their pending DUI charges in others.
